Read This Before Entering Into A Common Law Marriage in Texas

What is Common Law Marriage in Texas?

Common Law Marriage is a matrimonial institution that allows for a couple to be considered as legally married; in the case of common law marriage, couples are neither required to participate in wedding ceremonies nor obtain certifications of marriage. Common law marriage in Texas mirrors the legal instrument of a common law marriage or partnership within States that recognize Common Law Marriage as a viable, matrimonial institution; although the legality surrounding a common law marriage is neither uniform nor unconditionally-recognized within the United States of America, Common Law Marriage in Texas legislation not only recognizes Common Law, but also enacts the Full Faith and Credit Clause as expressed within the United States’ Constitution in Article IV, Section 1.

What is the ‘Full Faith and Credit Clause’?

This Clause states that judicial, legislative, and statutory rulings enacted within individual States are required to be recognized by other States; with regard to Common Law Marriage, the Texas law not only allows for the undertaking of Common Law Partnerships, but also enacts the ‘Full Faith and Credit Clause’ with regard to Common Law Marriages enacted in other States.

How to File for Common Law Marriage in Texas

Couples residing in Texas will only be permitted to file for common law marriage in the event that they present the expressed desire to maintain a salient, long-term, and recognizable union. Due to the fact of prospective marriage fraud, Common Law Marriage in Texas legislation requires couples to not only undergo necessary measures of eligibility, but also undertake participation in applicable legislature for the divorce process. Officials in the State of Texas retain the right to conduct unannounced interviews and investigations of couples filing for common law marriage in Texas; the requirements for Common Law Marriage in Texas require that couples:

Present themselves as a married couple

Conduct themselves as a married couple, which consists of the sharing of residence

Claim one another as a spouse on all applicable documents, applications, and forms

Identify themselves as ‘married’ on all applicable documents, applications, and forms

Share a residence for a substantial period of time

Conduct themselves in the scope of marriage with the expectation that the marriage is a permanent and longstanding institution

The Divorce and Child Support Guidelines for Common Law Marriage in Texas

In the event that a common law partnership is dissolved in the State of Texas, the following stipulations exist:

Divorce

The following stipulations are acceptable grounds for divorce in the state of Texas:

The minimum duration of residence required for filing must exceed 6 months’ time in the state of Texas, and 60 days’ time within the specific county of residence

Divorces classified as circumstances retaining the absent of fault (‘No Fault Divorce’) are permitted in accordance with the following regulations - a separation of 3 years’ time must take place, as well as the classification of dissolution resulting from discord, adultery, or cruelty

Child Support

The following stipulations are applicable to the regulation of child support payments in the state of Texas:

In the event of a Common Law Marriage in Texas rendering 1 child, the non-custodial parent will be required to pay 20% of their respective net income

In the event of a Common Law Marriage in Texas rendering 2 children, the non-custodial parent will be required to pay 25% of their respective net income

In the event of a Common Law Marriage in Texas rendering 3 children, the non-custodial parent will be required to pay 30% of their respective net income

In the event of a Common Law Marriage in Texas rendering 4 children, the non-custodial parent will be required to pay 35% of their respective net income

In the event of a Common Law Marriage in Texas rendering 5 children, the non-custodial parent will be required to pay 40% of their respective net income

In the event of a Common Law Marriage in Texas rendering 6 – or more - children, the non-custodial parent will be required to make payments not exceeding those applicable to 5 children

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